Sunday, October 4, 2015

(Free Template) Basic Ghostwriting Agreement

This is a pretty straightforward Ghostwriting Agreement I've written. It's similar to what I've used for my own ghostwriters. Ghostwriters are not just for famous people writing memoirs. Small businesses often use ghostwriters for blog posts, articles and the like. This template I wrote is tailored for such small projects where the fee to be paid for each piece of content is to be negotiated as the need arises. This way the parties don't need to sign another contract every time there is a need for fresh content. This template may also be scaled up to include books, royalties, etc. Here it is in MS Word format.

Key Aspects:

- Author retains all IP ownership rights over the Ghostwriter's work product.

- Ghostwriter must maintain confidentiality.- Ghostwriter guarantees that none of the work product is plagiarized

GHOSTWRITING AGREEMENT

Effective Date: , 2015.

BETWEEN:

_____________________________________________________,
(the “Author”)

AND:

__________________________________________________,
(the “Ghostwriter”)

1.SERVICES:
Author hereby
retains Ghostwriter to perform writing services by submitting articles to
Author from time to time (the “Services”) on the terms and conditions set out
below. Literary materials and all other products of the Services are referred
to collectively in this Agreement as the “Work”.

2.USE OF WORK: Author may, in
his sole discretion, use or not use the Work or any part thereof, and may make
any changes in, deletions from or additions to the Work. There is no guarantee,
either written or implied, regarding publication of the Work.

3.PERFORMANCE STANDARD: All of the Services shall be rendered promptly, professionally and
efficiently and in accordance with the instructions of Author.

4.CONSIDERATION: Ghostwriter shall receive a lump sum payment for each
article accepted by Author. The exact amount to be paid for each article shall
be negotiated via email, phone or other means. Ghostwriter will not receive any
royalties. All payments and income of whatever kind and from whatever source
resulting from the Work shall belong exclusively to the Author.

5.WARRANTIES, REPRESENTATIONS, INDEMNITIES:

(a)Ghostwriter
warrants and represents that:

(i)None
of the Work shall be plagiarized. All of
the Work shall be wholly original, except as to matters within the public
domain and except as to material inserted by Ghostwriter pursuant to specific
instructions provided by Author;

(ii)None
of the Work shall infringe upon or violate the rights of privacy or publicity
of, or constitute defamation against, or violate any common law or any other
rights of, any person, firm or corporation;

(iii)That
there is no conflict of interest as in the Ghostwriter’s other contracts with
the Services to be provided pursuant to this Agreement. The Ghostwriter will
ensure that no such conflict arises during the term of this Agreement.

(b)Ghostwriter
undertakes and agrees to indemnify Author from all liabilities and claims
arising out of any breach of Ghostwriter’s warranties and representations. This
indemnification shall apply only to materials created or furnished by Ghostwriter,
and shall not extend to changes or additions made therein or thereto by Author
or by other writers hired by Author.

(c)Author
undertakes and agrees to indemnify Ghostwriter from all liabilities and claims
arising out of any material supplied by Author for incorporation into the Work.

(d)A
party receiving notice of any claim or action subject to indemnity hereunder
shall promptly notify the other party.

6.OWNERSHIP OF THE WORK: Ghostwriter hereby assigns to Author the sole and exclusive ownership
throughout the world and in perpetuity of all rights, title and interest of
every kind and nature (including without limitation copyright and the right to
create derivative works based on the Work) in the Work, and waives his or her
moral rights in and to the Work. The Ghostwriter’s name will not appear as
author or co-author on any article or book that incorporates any Work. The Work
shall be considered “work made for hire” under the United States Copyright Act,
to the greatest extent permitted by law. To the extent that the Work is not
properly characterized as “work made for hire,” then Ghostwriter hereby
irrevocably grants to Author all right, title, and interest in and to the Work
(including but not limited to copyright herein), and any and all ideas and
information embodied therein, in perpetuity and throughout the world.

7.CONFIDENTIAL INFORMATION:
Ghostwriter acknowledges and agrees that all information related to the
Services and Work, including without limitation, all content, writings, work
product, notes and diagrams (“Confidential Information”), is of great value to
Author. Accordingly, Ghostwriter agrees not to divulge to anyone, either during
or after the term of this Agreement, any Confidential Information obtained or
developed by Ghostwriter while performing the Services. Upon expiration or
termination of this Agreement, Ghostwriter agrees to deliver to Author all
documents, papers, drawings, tabulations, reports, audio tapes, video tapes and
similar documentation and recording devices which are furnished to or produced
by Ghostwriter pursuant to this Agreement. Upon the expiration or termination
of this Agreement, Ghostwriter agrees to make no further use of any
Confidential Information. Ghostwriter may only disclose Confidential
Information to third parties upon the express written consent of Author. The
provisions of this Section shall survive the expiration or termination of this
Agreement.

8.RELATIONSHIP OF THE PARTIES: The parties are independent contractors
and nothing in this Agreement shall form a partnership, joint venture,
employer-employee or similar relationship. It is understood by the parties that
this contract is not exclusive and Ghostwriter may perform similar writing
services for others.

9.TERM AND TERMINATION: This Agreement commences on the Effective
Date and continues in force for two years thereafter. The Agreement may be
terminated at any time by either party, provided however that the termination
shall not extinguish any obligations undertaken prior to the termination.

10.ARBITRATION: Any dispute arising from this Agreement shall be
submitted to binding and confidential arbitration under the rules of the
American Arbitration Association in the State of ________________, and any award issued in
such arbitration may be entered and enforced as a judgment in any court of
competent jurisdiction. The prevailing party in any such arbitration shall be
entitled to recover attorneys’ fees and costs.

11.ASSIGNMENT: This Agreement
is not assignable by Ghostwriter. Author
may assign this Agreement, in whole or in part, to any party provided that such
party assumes and agrees in writing to keep and perform all obligations of Author
hereunder.

12.BINDING
EFFECT: This Agreement shall enure to the benefit of and be
binding on the Ghostwriter’s heirs, executors, administrators, successors and
assigns, and on the Author’s successors, assigns, licensees and grantees.